Full Text of SB3015 102nd General Assembly
SB3015 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3015 Introduced 1/5/2022, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-9 | from Ch. 38, par. 12-9 |
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Amends the Criminal Code of 2012. In the statute concerning threatening a public official or human service provider, includes in the definition of "public official" a public health officer or administrator of the State or a unit of local government.
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| | A BILL FOR |
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| | | SB3015 | | LRB102 22865 RLC 32016 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 12-9 as follows:
| 6 | | (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
| 7 | | Sec. 12-9. Threatening public officials; human service | 8 | | providers.
| 9 | | (a) A person commits threatening a public official or | 10 | | human service provider when:
| 11 | | (1) that person knowingly delivers or conveys, | 12 | | directly
or indirectly, to a public official or human | 13 | | service provider by any means a communication:
| 14 | | (i) containing a threat that would place
the | 15 | | public official or human service provider or a member | 16 | | of his or her immediate family in reasonable
| 17 | | apprehension of immediate or future bodily harm, | 18 | | sexual assault, confinement,
or restraint; or
| 19 | | (ii) containing a threat that would place the | 20 | | public official
or human service provider or a member | 21 | | of his or her immediate family in reasonable | 22 | | apprehension that
damage will occur to property in the | 23 | | custody, care, or control of the public
official or |
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| 1 | | his or her immediate family; and
| 2 | | (2) the threat was conveyed because of the performance | 3 | | or nonperformance
of some public duty or duty as a human | 4 | | service provider, because of hostility of the person | 5 | | making the threat
toward the status or position of the | 6 | | public official or the human service provider, or because | 7 | | of any
other factor related to the official's public | 8 | | existence.
| 9 | | (a-5) For purposes of a threat to a sworn law enforcement | 10 | | officer, the threat must contain specific facts indicative of | 11 | | a unique threat to the person, family or property of the | 12 | | officer and not a generalized threat of harm.
| 13 | | (a-6) For purposes of a threat to a social worker, | 14 | | caseworker, investigator, or human service provider, the | 15 | | threat must contain specific facts indicative of a unique | 16 | | threat to the person, family or property of the individual and | 17 | | not a generalized threat of harm. | 18 | | (b) For purposes of this Section:
| 19 | | (1) "Public official"
means a person who is elected to | 20 | | office in accordance with a statute or
who is appointed to | 21 | | an office which is established, and the qualifications
and | 22 | | duties of which are prescribed, by statute, to discharge a | 23 | | public duty
for the State or any of its political | 24 | | subdivisions or in the case of
an elective office any | 25 | | person who has filed the required documents for
nomination | 26 | | or election to such office. "Public official" includes a
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| 1 | | duly
appointed assistant State's Attorney, assistant | 2 | | Attorney General, or Appellate Prosecutor; a sworn law | 3 | | enforcement or peace officer; a social worker, caseworker, | 4 | | attorney, or investigator employed by the Department of | 5 | | Healthcare and Family Services, the Department of Human | 6 | | Services, the Department of Children and Family Services, | 7 | | or the Guardianship and Advocacy Commission; or an | 8 | | assistant public guardian, attorney, social worker, case | 9 | | manager, or investigator employed by a duly appointed | 10 | | public guardian. "Public official" includes a public | 11 | | health officer or administrator of the State or a unit of | 12 | | local government.
| 13 | | (1.5) "Human service provider" means a social worker, | 14 | | case worker, or investigator employed by an agency or | 15 | | organization providing social work, case work, or | 16 | | investigative services under a contract with or a grant | 17 | | from the Department of Human Services, the Department of | 18 | | Children and Family Services, the Department of Healthcare | 19 | | and Family Services, or the Department on Aging. | 20 | | (2) "Immediate family" means a
public official's | 21 | | spouse or child or children.
| 22 | | (c) Threatening a public official or human service | 23 | | provider is a Class 3 felony for a
first offense and a Class 2 | 24 | | felony for a second or subsequent offense.
| 25 | | (Source: P.A. 100-1, eff. 1-1-18 .)
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